BSA Pānui - August 2020
Number 103
Kia ora koutou

It was a bittersweet month for us as we bid farewell to Belinda Moffat. Belinda led the BSA for four years, and we are thankful for her leadership during a complex and challenging period in the evolution of broadcasting and freedom of expression in New Zealand. We wish her well for her new journey as Chief Executive of the Real Estate Authority. 

With the move of the election date to 17 October 2020, the period during which election programmes can be broadcast will now run from 13 September 2020 until midnight 16 October 2020. We have already begun operating our fast-track procedure in relation to complaints about election-related broadcasts (that are not considered election programmes). While these complaints will still need to be made first to the broadcaster, the fast-track procedure will enable us to prioritise and deal with these complaints swiftly. We consider election-related broadcasts to be broadcasts that relate to election or referenda matters that have the potential to influence the way members of the public may vote on a referendum issue, party or candidate.  

As the world, and the country, continues to battle against COVID-19, our team has moved to reintroducing practices enabling us, as necessary, to undertake much of our work remotely, ensuring seamless service delivery through level 2. We are also working through a high level of complaints, with a 40% increase in complaints compared to the same period (July-August) last year. 

Finally, we welcome Daniel Kleinsman to our team of Legal Advisors. Daniel brings with him considerable experience, having practiced as a litigation lawyer focused on Māori legal issues, and holds an LLM in Human Rights Law. 

Until next month, keep safe and we hope you enjoy this Pānui.

Ngā mihi
Helen  

OVER THE LAST MONTH
 
  • While the period for election programmes has not yet commenced, we have been dealing with complaints about election-related broadcasts on a fast-track procedure. These complaints will still need to first be made to the broadcaster.
  • We said thank you and haera rā to our outgoing Chief Executive Belinda Moffat. Meanwhile, Helen Cruse has stepped in as acting Chief Executive to cover the transition period to the new CEO. Patricia Windle has also stepped in as acting Legal Manager to cover this transition period. 
  • As the 2020 General Election, and voting on two referenda will now take place on 17 October 2020, we remind broadcasters that the election period, during which election programmes may be broadcast on TV and Radio, will run from 13 September 2020 until midnight on 16 October 2020.
FEATURED DECISIONS

FREE-TO-AIR TELEVISION

Marino and MediaWorks Radio Ltd - 2020-019 (4 August 2020)open_in_new

In an episode of Mai Home Run, one of the radio presenters related a story about accidentally taking and not returning a bag containing items, including a gaming console, belonging to Lil’ Romeo. The presenter also disclosed the name of one of the people involved in the story. The Authority upheld the complaint that the item breached the privacy standard, finding that the named individual was identifiable and would have had a reasonable expectation of privacy in relation to the information disclosed. The Authority also found the disclosure to be highly offensive to a reasonable person, as it had the potential to significantly damage the named person’s reputation. The Authority did not uphold the complaint under the law and order standard, finding that in context the broadcast did not encourage or actively promote serious anti-social or illegal behaviour. The Authority also did not uphold the complaint under the discrimination and denigration standard, finding that, in the context, the item did not encourage discrimination against or denigration of the Māori or Polynesian communities.

Upheld: Privacy

Not upheld: Law and order, discrimination and denigration

RADIO

Wilson and NZME Radio Ltd - 2020-030 (24 August 2020)open_in_new

On an episode of Simon Barnett and Phil Gifford Afternoons, an expert and the hosts made inaccurate statements about the Government’s COVID-19 economic recovery package shortly after its announcement. The Authority has not upheld a complaint that the broadcast breached the accuracy standard, finding that the broadcaster had made reasonable efforts to ensure the programme did not mislead and had promptly corrected the error. The Authority highlighted the importance of information broadcast by experts being accurate and, consequently, the importance of any errors being corrected as soon as possible.

Not Upheld: Accuracy

LATEST DECISIONS

MEDIA NEWS
New Zealand Abroad

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